Medical Expert Depositions in Workers' Compensation Cases: Deposing - - PowerPoint PPT Presentation

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Presenting a live 90-minute webinar with interactive Q&A

Medical Expert Depositions in Workers' Compensation Cases: Deposing Experts and Raising Strategic Objections

Today’s faculty features:

1pm Eastern | 12pm Central | 11am Mountain | 10am Pacific TUESDAY, MAY 16, 2017

Scott M. Blumen, Esq., San Diego Scott W. Gedeon, Of Counsel, Fisher & Phillips, Cleveland

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fisherphillips.com

Workers’ Compensation Expert Depositions

Presented by: Scott W. Gedeon Phone: (440) 838-8800 Email: sgedeon@fisherphillips.com

Scott M. Blumen, Esq Email: smbesq1@ryouhurt.com

May 16, 2017

fisherphillips.com

take the Deposition?

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Questionable Competency

Background, credentials, experience not appropriate for case. Not a specialist in relevant area (i.e. not board-certified).

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Basis of Opinion Flawed

Failure to review records Incomplete/inaccurate medical history Facts/history not known to doctor (i.e. mechanism

• f injury/nature
• f occupational

environment)

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Bias

Relationship with Attorney / Law Firm Relationship with Referring Doctor Relationship with the Plaintiff (i.e. previously testified in a personal injury case for the Plaintiff)

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Preparation for the Deposition

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Review of Medical Records

• The key is to have

all relevant records and to be familiar with their content

R E V I E W

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Review of Medical Records

• The key is to have all

relevant records and to be familiar with their content

Review of Prior Depositions

• Prior deposition

testimony may reveal key insights to the doctor’s practice and the formation of his/her medical opinions

R E V I E W

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Review of Medical Records

• The key is to have all

relevant records and to be familiar with their content

Review of Prior Depositions

• Prior deposition

testimony may reveal key insights to the doctor’s practice and the formation of his/her medical opinions

Review of Expert Report

• The critical consideration

is the basis of the opinion including history, physical examination, and record review

R E V I E W

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Taking and Defending the Deposition

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fisherphillips.com Outline Proposed Topics of Questioning

• Competency/Background
• Opinion
• Basis of Opinion
• Credibility/Bias

Important Point is to Finish Strong

Examination of the Doctor

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Be careful. The jury could be watching you Know when

• bjections are

appropriate

• Testifying
• utside the four

corners of the report

• Relying on

hearsay

• Relying on facts

not in the record

Use of continuing

• bjections

Objections

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Be selective and use the exhibits to tell a story Use important documents such as MRIs, x-rays, emergency room reports and specialists’ consultation reports Exhibits should be selected because of their impact All exhibits should be used in good faith as selective use of exhibits could backfire

Exhibits

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Post-Deposition Strategies

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Mediation Trial Cross-examination and impeachment of

• pposing party’s medical expert

Trial Deposition In jurisdictions like Ohio, a videotape deposition is utilized for most medical expert testimony at trial

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Scott W. Gedeon Phone: (440) 838-8800 Email: sgedeon@fisherphillips.com Scott M. Blumen, Esq Email: smbesq1@ryouhurt.com

Final Questions

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